Delhi HC refuses bail to 'attempt to murder' accused

The Delhi High Court has dismissed the bail plea of a man, who is an accused in an attempt to murder and arms case. He sought the bail to run the fruit business of his father, who he claims is suspected of having coronavirus and is undergoing treatment.

Justice Suresh Kumar Kait on Thursday dismissed the bail plea of Rizwan Iqbal, who sought bail to run his father's fruit business for the survival of his other family members as his father has been advised complete bed rest.

Iqbal has been under judicial custody in a case filed under Section 307 (attempt to murder), 394 (voluntarily causing hurt to commit robbery), 397 (robbery, or dacoity, with an attempt to cause death or grievous hurt) and 34 (act by several for common intention) of the Indian Penal Code (IPC) and several relevant sections of the Arms Act at Roop Nagar police station.

The petition said that Iqbal has falsely been implicated and is kept in judicial custody since November 30, 2017, whereas the alleged incident had taken place on November 29, 2014, and he was subsequently arrested upon the false discloser statement of one of the main accused.

The counsel of the accused claimed that the petitioner has dependent family members, including elderly parents and young siblings.

The petitioner's father has been quarantined in the house in a separate isolated room along with the oxygen cylinder for breathing for the safety of the family members from potential coronavirus infection, the plea said.

On the other hand, the state submitted that a visit was conducted at the native place of the petitioner wherein it was found that the father of the petitioner was suffering from critical respiratory and acute asthmatic disease, which is causing congestion in breathing and he wasbreathing through an oxygen cylinder and had been provided with a prescription letter.

"The residence of the parents of the petitioner is around 180 km away from Delhi. If he is directed to be released on interim bail, it will be difficult for the State to make special arrangements for his travel from Delhi to Bijnor," the court observed.

The court said that in the present situation when the whole nation is under lockdown and his commute from Delhi to Bijnor will be difficult to arrange and even thereafter, he will certainly commute in the society to run his father's fruit business.

"Therefore, I am of the considered opinion that this is not a case where extreme urgency is there to grant interim bail to the petition. Accordingly, I find no ground to grant bail to the petitioner, the same is dismissed," the court said.